Full Text of HB4297 94th General Assembly
HB4297sam001 94TH GENERAL ASSEMBLY
|
Sen. Carol Ronen
Filed: 3/15/2006
|
|
09400HB4297sam001 |
|
LRB094 15753 LCT 56957 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4297
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4297 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 16G-15 as follows:
| 6 |
| (720 ILCS 5/16G-15)
| 7 |
| Sec. 16G-15. Identity theft.
| 8 |
| (a) A person commits the offense of identity theft when he | 9 |
| or
she
knowingly:
| 10 |
| (1) uses any personal
identifying information or | 11 |
| personal identification document of another
person to | 12 |
| fraudulently obtain credit, money, goods, services, or | 13 |
| other
property, or
| 14 |
| (2) uses any personal identification information or | 15 |
| personal
identification document of another with intent to | 16 |
| commit any felony theft
or other felony violation of State | 17 |
| law not set forth in
paragraph (1) of this subsection (a), | 18 |
| or
| 19 |
| (3) obtains, records, possesses, sells, transfers, | 20 |
| purchases, or
manufactures any personal identification | 21 |
| information or personal
identification document of another | 22 |
| with intent to commit or to aid or abet
another in | 23 |
| committing any felony theft or other felony violation of
| 24 |
| State law, or
|
|
|
|
09400HB4297sam001 |
- 2 - |
LRB094 15753 LCT 56957 a |
|
| 1 |
| (4) uses, obtains, records, possesses, sells, | 2 |
| transfers, purchases,
or manufactures any personal | 3 |
| identification information or
personal identification | 4 |
| document of another knowing that such
personal | 5 |
| identification information or personal identification
| 6 |
| documents were stolen or produced without lawful | 7 |
| authority, or
| 8 |
| (5) uses, transfers, or possesses document-making | 9 |
| implements to
produce false identification or false | 10 |
| documents with knowledge that
they will be used by the | 11 |
| person or another to commit any felony theft or other
| 12 |
| felony violation of State law.
| 13 |
| (b) Knowledge shall be determined by an evaluation of all | 14 |
| circumstances
surrounding the use of the other
person's | 15 |
| identifying information or document.
| 16 |
| (c) When a charge of identity theft of credit, money, | 17 |
| goods,
services, or other property
exceeding a specified value | 18 |
| is brought the value of the credit, money, goods,
services, or | 19 |
| other property is
an element of the offense to be resolved by | 20 |
| the trier of fact as either
exceeding or not exceeding the
| 21 |
| specified value.
| 22 |
| (d) Sentence.
| 23 |
| (1) A person convicted of identity theft in violation | 24 |
| of paragraph (1)
of subsection (a) shall be sentenced as | 25 |
| follows:
| 26 |
| (A) identity theft of credit, money, goods, | 27 |
| services, or
other
property not exceeding $300 in
value | 28 |
| is a Class 4 felony. A person who has been previously | 29 |
| convicted of
identity theft of
less than $300 who is | 30 |
| convicted of a second or subsequent offense of
identity | 31 |
| theft of less than
$300 is guilty of a Class 3 felony. | 32 |
| A person who has been convicted of identity
theft of | 33 |
| less than
$300 who has been previously convicted of any | 34 |
| type of theft, robbery, armed
robbery, burglary, |
|
|
|
09400HB4297sam001 |
- 3 - |
LRB094 15753 LCT 56957 a |
|
| 1 |
| residential
burglary, possession of burglary tools, | 2 |
| home invasion, home repair fraud,
aggravated home | 3 |
| repair fraud, or
financial exploitation of an elderly | 4 |
| or disabled person is guilty of a Class 3
felony. When | 5 |
| a person has any
such prior conviction, the information | 6 |
| or indictment charging that person shall
state the | 7 |
| prior conviction so
as to give notice of the State's | 8 |
| intention to treat the charge as a Class 3 felony. The
| 9 |
| fact of the prior conviction is
not an element of the | 10 |
| offense and may not be disclosed to the jury during | 11 |
| trial
unless otherwise permitted
by issues properly | 12 |
| raised during the trial.
| 13 |
| (B) Identity theft of credit, money, goods,
| 14 |
| services, or other
property exceeding $300 and not
| 15 |
| exceeding $2,000 in value is a Class 3 felony.
| 16 |
| (C) Identity theft of credit, money, goods,
| 17 |
| services, or other
property exceeding $2,000 and not
| 18 |
| exceeding $10,000 in value is a Class 2 felony.
| 19 |
| (D) Identity theft of credit, money, goods,
| 20 |
| services, or other
property exceeding $10,000 and
not | 21 |
| exceeding $100,000 in value is a Class 1 felony.
| 22 |
| (E) Identity theft of credit, money, goods,
| 23 |
| services, or
other property exceeding $100,000 in
| 24 |
| value is a Class X felony.
| 25 |
| (2) A person convicted of any offense enumerated in | 26 |
| paragraphs
(2) through (5) of subsection (a) is guilty of a | 27 |
| Class 3 felony.
| 28 |
| (3) A person convicted of any offense enumerated in | 29 |
| paragraphs
(2) through (5) of subsection (a) a second or | 30 |
| subsequent time is
guilty of a Class 2 felony.
| 31 |
| (4) A person who, within a 12 month period, is found in | 32 |
| violation
of any offense enumerated in paragraphs (2) | 33 |
| through (5) of
subsection (a) with respect to the | 34 |
| identifiers of 3 or more
separate individuals, at the same |
|
|
|
09400HB4297sam001 |
- 4 - |
LRB094 15753 LCT 56957 a |
|
| 1 |
| time or consecutively, is guilty
of a Class 2 felony.
| 2 |
| (5) A person convicted of identity theft in violation | 3 |
| of paragraph (2) of subsection (a) who uses any personal | 4 |
| identification information or personal
identification | 5 |
| document of another to purchase methamphetamine | 6 |
| manufacturing material as defined in Section 10 of the | 7 |
| Methamphetamine Control and Community Protection Act with | 8 |
| the intent to unlawfully manufacture methamphetamine is | 9 |
| guilty of a Class 2 felony for a first offense and a Class | 10 |
| 1 felony for a second or subsequent offense.
| 11 |
| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
| 12 |
| Section 10. The Code of Criminal Procedure of 1963 is | 13 |
| amended by adding Section 115-7.4 as follows:
| 14 |
| (725 ILCS 5/115-7.4 new)
| 15 |
| Sec. 115-7.4. Use of audio or video recordings in certain | 16 |
| cases. | 17 |
| (a) This Section applies to criminal cases in which: | 18 |
| (1) the defendant is accused of predatory criminal | 19 |
| sexual assault of a child, aggravated criminal sexual | 20 |
| assault, criminal sexual assault, aggravated criminal | 21 |
| sexual abuse, criminal sexual abuse, or criminal | 22 |
| transmission of HIV; | 23 |
| (2) the defendant is accused of battery or aggravated | 24 |
| battery when the commission of the offense involves sexual | 25 |
| penetration or sexual conduct as defined in Section 12-12 | 26 |
| of the Criminal Code of 1961; or | 27 |
| (3) the defendant is tried or retried for any of the | 28 |
| offenses formally known as rape, deviate sexual assault, | 29 |
| indecent liberties with a child, and aggravated indecent | 30 |
| liberties with a child. | 31 |
| (b) The court shall not require a victim to listen to or | 32 |
| watch any audio or video recordings of the act or acts which |
|
|
|
09400HB4297sam001 |
- 5 - |
LRB094 15753 LCT 56957 a |
|
| 1 |
| gave rise to an offense set forth under this Section, even if | 2 |
| such evidence is otherwise found admissible under the rules of | 3 |
| evidence. ".
|
|